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Legal/Experienced References Please

Posted by Jeff on December 12, 2009 at 11:19 PM

In Reply to: Re: Foreclosure Auction - When do I OWN the property? receipt or deed? posted by Rick, the Probate Guy on December 12, 2009 at 1:47 PM


Rick ---

Training wise I have been taught by my brother, Mike, and he received his training from the best, Ward.
Experience wise we have bought and sold over 50 homes in 2009 alone via the trustee sale.

What I am looking for here is advice from people that have EXPERIENCE buying and selling homes they purchase from the trustee sale. Attempted to call Ward to get the best answer possible but he has been unavailable. We are looking for answers regarding the law from people that have been through this situation.
We have never had this be an issue. If you read my post you would see I have already recorded the deed over 2 weeks ago, from what I understand this is black and white grand theft.

An attorney or someone with personal experience with a case regarding a situation with taking title via trustees deed and theft would be best suited to answer the questions I posted.
Unfortunately it is Saturday, I was hoping to educate myself so that I could handle this over the weekend with the local police.

My question stands as: When we pay for the home is ANY form of title conveyed temporarily? I would assume not but would love to be surprised here.
So, if no form of ownership or interest is conveyed with with the receipt, and we then see the former owners who are on title at this moment begin stripping the home, can we "press charges" or do anything for that matter? I am specifically referring to the time period between receipt and deed. How do we protect our investment?
On the same topic but outside the scope of this situation, is it EVER legal for a homeowner to strip a home their is a lien against? Can I just start stripping and selling my house that is in foreclosure because I "own" it?
My first instinct is to believe this is a civil issue that is probably referred to in the note that has some sort of promise to not remove items considered part of the real property such as the fixtures etc. But I would love an EXPERIENCED or legal reference for this.

This isn't necessarily relevant to this case because the items were stolen AFTER we recorded anyways. I just wanted to have a more complete understanding and be able to correctly represent our interests in the future.

Rick, I do not know how many homes you have purchased at the trustee sale but I would prefer to have this question answered by only experienced buyers or someone that could provide statue or precedence.


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